Source:
San Francisco ChronicleSupreme Court convenes to crowded, controversial docketBob Egelko, Chronicle Staff Writer
Monday, October 1, 2007
After moving to the right on such issues as school integration, abortion and campaign finance regulation in its last term, the U.S. Supreme Court may be about to veer leftward as it begins a term highlighted by a clash over the rights of captives at Guantanamo Bay, Cuba.
The names are unchanged on a court widely viewed as the most conservative since the 1930s. But legal commentators say several major cases on the docket for the term that starts today, and others likely to be added, raise issues in which the liberal justices in the court's minority bloc have a good chance of picking up a crucial vote from Justice Anthony Kennedy, who rarely sided with them last term.
Those cases include a test of judges' authority to reduce the disparities in sentencing between crack and powder cocaine, a dispute over the evidence allowed in job discrimination suits, and the battle over the scope of capital punishment. The court will review a challenge to states' rules for lethal injections and may revisit the question of death sentences for crimes other than murder.
- snip -
Most prominent among those cases is a challenge by inmates at the U.S. naval base at Guantanamo to a federal law limiting their access to courts. In 2004 and 2006, Kennedy joined majorities on the court that rebuffed the Bush administration's claims of unlimited authority over prisoners in the government's war on terror. The 2006 ruling struck down military commissions established by the Pentagon to try Guantanamo prisoners. In response, the then-Republican-controlled Congress passed a law last fall that authorized the commissions and barred inmates from going to court to challenge their confinement, a right held by other U.S. prisoners.
Read more:
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2007/10/01/MNRTSFG6H.DTL